FUNDAMENTAL HUMAN RIGHTS UNDER NIGERIAN CONSTITUTION!A MUST TO KNOW !
Fundamental Rights is certainly a right which stands above the ordinary laws of the land,but I venture to say that no fundamental right should stand above the country, state or the people..
Section 33 of the 1999 constitution as amended provides for the RIGHT TO LIFE.
This is seen as the most important fundamental right. Sub 1 provides that every person has a right to life and no one shall be deprive intentionally of his life, save in execution of a sentence of court respect of a criminal offence of which he has been found guilty in Nigeria.
It's pertinate to note that this right is not absolute.
Section 34 Right to Dignity of Human Persons.
Every individual is entitled for respect for the dignity of his person.No person will be subjected to torture or to inhuman or degrading treatment.
Section 35 Right to personal Liberty .
Every person shall be entitled to his personal Liberty and no person shall be deprived of such liberty.
Section 36 Right to Fair Hearing
a That both side must be heard not only in the case but in judgement (equality)
b That court shall give equal treatment, equal opportunity and equal consideration .
c That after all the circumstances observed, justice must not only be done but must be seen and well manifested.
The right to Fair is one of the major fundamental rights to citizens and it must be in accordance with the constitution. This right was further espoused in the case of Cooper v Wardworth Board of work!! With it's 2 major pillars which are:
Audi Alteram Partem which means Hearing from the both side and
Nemo judex in Causa Sua which means A person should not be a judge in his own case.
Section 37 Right to Private and Family Life .
It provides that the privacy of citizen, their homes,correspondence telephone conversation and telegraphic communication is hereby quaranteed and protected .
Section 38 Right To Freedom Of Thought, Conscience and Religion .
Every person shall be entitled to freedom of thought,conscience and Religion, including freedom to change his religion or belief and freedom (either alone or in community with others,and in public or in private)to manifest and propagate his religion or belief in worship,teaching,practice and observance.
Section 39 Right to Freedom of Expression and the Press.
The freedom of expression quaranteed in this section has 3 constituent element which are:
1 Freedom to hold opinion
2 Freedom to receive ideas and information
3 Freedom to impact ideas and information.
Section 40 Right to Peaceful Assembly And Association
Every person shall be entitled to assemble freely and associate with other person and in particular may form or belong to any political party, trade Union or any other association for the protection of his Interest .
Section 41 Right to Freedom of Moverment .
Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exist there from.
Subject to the provisions of the passport Act, the right to own a passport is ancillary to the right of egress from Nigeria as quaranteed by the constitution.
To deny a person the use of passport is on the face of it to deny him the freedom of moving from one country to another....Check out Director , state, security service v Agbakoba 1998.
Section. 42 Right to Freedom from discrimination .
The term discrimination connote differential treatment, especially a failure to treat all person equally when no reasonable distinction can be found between those favoured and not favoured.
Section 43 Right to Acquire and to own immovable property anywhere in Nigeria.
Every citizen has a right to purchased and own immovable property anywhere within the 36 states of the federation.
Section 44 Compulsory Acquisition of property
This section guarantees the right against compulsory acquisition of property except upon fulfilment of prescribed conditions which include:
1 payment of compensation to the private persons concerned and
2 giving the private person access to court or tribunal for the determination of his Interest interest in the property and the amount of compensation payable.
Section 45 Restriction on and Derogation from fundamental rights.
This section imposes general restriction on all the rights enshrined in the section 37 38 39 40 and 41 of chapter IV of the constitution by upholding laws that protect the defence, safety, order, morality and the health of public.
Having learn all this, practice it, know it and promote it..
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